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A leading commercial litigator and international arbitration counsel, Philip is named in all the major legal publications as an expert in arbitration, construction law and litigation. Philip's practice spans investments and projects across Asia, and he has represented clients in arbitration proceedings in Singapore, Malaysia, Hong Kong, London, Zurich and Brunei.

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Quite often when a decision is issued in an arbitration, the final outcome may “surprise” parties in that neither party’s arguments had been accepted fully; rather a decision lying somewhere between the two sides of the dispute was the final outcome. Read more

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Can a court, after setting aside an arbitral award, remit the matter back to the original tribunal that rendered the award in the first place? The Singapore Court of Appeal considered this question in the recently adjudicated case of AKN and another v ALC and others and other appeals [2015] SGCA 63. .

When would a contractual provision be considered a penalty clause not enforceable in courts? The position adopted by Singapore courts is largely based on the early 20th century authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79 (“Dunlop Tyre”).

On 16 January this year, Prime Minister Narendra Modi announced the “Start-up India Action Plan” (“Action Plan”). The Action Plan is the latest in Modi’s moves to revive the Indian economy and generate employment, and follows initiatives such as ‘Digital India’, which was designed to bring Internet services to rural areas, and the ‘Make in India’ campaign, which aspires to establish India as a global manufacturing hub.

In contrast to main contract documents, which are usually drafted, compiled and vetted by the employer’s consultants and lawyers, sub-contract documents are usually prepared by the main contractor incorporating bits and pieces of the main contract. The recent decision of UES Holdings Pte Ltd v Grouteam Pte Ltd [2015] SGHC 275 illustrates how greater care in the preparation of sub-contract documents will avoid disputes.

In dismissing AMZ's application to set aside portions of an international arbitration award, for alleged procedural defects, including an alleged breach of natural justice, the Singapore High Court had the opportunity to comment on the law pertaining to several interesting issues.

Is a claimant suing on a promissory note obliged to arbitrate because he is also an assignee of a related contract with an arbitration agreement? Recently the Singapore High Court in Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd [2015] SGHC 264 had to consider this question.

When would a contractual provision be considered a penalty clause not enforceable in courts? The position adopted by Singapore courts is largely based on the early 20th century authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79. The United Kingdom Supreme Court has since created a new leading authority to replace Dunlop Tyre.

The Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) stipulates the procedure to be adopted for an adjudication application. In Aik Heng Contracts and Services Pte Ltd v Deshin Engineering & Construction Pte Ltd [2015] SGHC 293, the Court reiterated that in setting aside an adjudication determination, it was only concerned with material breaches, and not technical breaches.

In the seminal decision of Tomolugen Holdings Ltd v Silica Investors Ltd [2015] SGCA 57, the Singapore Court of Appeal considered an application to stay court proceedings in favour of arbitration under s 6 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (the “IAA”).

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